#THE PREVENTION OF INSULTS TO NATIONAL HONOUR ACT, 1971 
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##ARRANGEMENT OF SECTIONS 
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SECTIONS 

1. Short title and extent. 
2. Insults to Indian National Flag and Constitution of India. 
3. Prevention of singing of Indian National Anthem, etc. 
3A. Enhanced penalty on second and subsequent convictions. 



#THE PREVENTION OF INSULTS TO NATIONAL HONOUR ACT, 1971 

##ACT NO. 69 OF 1971 

[23rd December, 1971.] 

An Act to prevent insults to national honour. 

  BE it enacted by Parliament in the Twenty-second Year of the Republic of India as follows:— 

1. **Short title and extent.**—(1) This Act may be called the Prevention of Insults to National Honour 
Act, 1971. 

(2) It extends to the whole of India. 

2. **Insults to Indian National Flag and Constitution of India.**—Whoever in any public place or in 
any other place within public view burns, mutilates, defaces, difiles, disfigures, destroys, tramples upon or 
otherwise shows disrespect to or brings into contempt (whether by words, either spoken or written, or 
by acts) the Indian National Flag or the Constitution of India or any part thereof, shall be punished with 
imprisonment for a term which may extend to three years, or with fine, or with both. 

*Explanation* 1.—Comments  expressing  disapprobation  or  criticism  of  the  Constitution  or  of  the 
Indian National Flag or of any measures of the Government with a view to obtain an amendment of the 
Constitution  of  India  or  an  alteration  of  the  Indian  National  Flag  by  lawful  means  do  not  constitute an 
offence under this section. 

*Explanation* 2.—The  expression  “Indian  National  Flag”  includes  any  picture,  painting,  drawing  or 
photograph,  or  other  visible  representation  of  the  Indian  National  Flag,  or  of  any  part  or  parts  thereof, 
made of any substance or represented on any substance. 

*Explanation* 3.—The expression “public place” means any place intended for use by, or accessible to, 
the public and Includes any public conveyance. 

*Explanation* 4.—The disrespect to the Indian National Flag means and includes— 

  (a) a gross affront or indignity offered to the Indian National Flag; or 

  (b) dipping the Indian National Flag in salute to any person or thing; or 

  (c) flying the Indian National Flag at half-mast except on occasions on which the Indian National 
Flag  is  flown  at  half-mast  on  public  buildings  in  accordance  with  the  instructions  issued  by  the 
Government; or 

  (d) using the Indian National Flag as a drapery in any form whatsoever except in State funerals or 
armed forces or other para-military forces funerals; or 

  (e) using the Indian National Flag,— 

     (i) as a portion of costume, uniform or accessory of any description which is worn below the 
waist of any person; or 

     (ii) by embroidering or printing it on cushions, handkerchiefs, napkins, undergarments or any 
dress material; or

  (f) putting any kind of inscription upon the Indian National Flag; or 

  (g) using the Indian National Flag as a receptacle for receiving, delivering or carrying anything 
except  flower  petals  before  the  Indian  National  Flag  is  unfurled  as  part  of  celebrations  on  special 
occasions including the Republic Day or the Independence day; or 

  (h) using the Indian National Flag as covering for a statute or a monument or a speaker’s desk or 
a speaker’s platform; or 

  (i) allowing  the  Indian  National  Flag  to  touch  the  ground  or  the  floor  or  trail  in  water 
intentionally; or 

  (j) draping the Indian National Flag over the hood, top and sides or back or on a vehicle, train, 
boat or an aircraft or any other similar object; or 

  (k) using the Indian National Flag as a covering for a building; or 

  (l) intentionally displaying the Indian National Flag with the “saffron” down.

3. **Prevention of singing of Indian National Anthem, etc.**—Whoever  Intentionally  prevents  the 
singing  of  the  Indian  National  Anthem  or  causes  disturbance to  any  assembly  engaged  in  such  singing 
shall be punished with imprisonment for a term which may extend to three years, or with fine, or with 
both. 

[^1][3A. **Enhanced penalty on second and subsequent convictions.**—Whoever, having already been 
convicted  of  an  offence  under  section  2  or  section  3,  is  again  convicted  of  any  such  offence  shall  be 
punishable for the second and for every subsequent offence, with imprisonment for a term which shall not 
be less than one year.] 

[^1]. Ins. by Act 31 of 2003, s. 3 (w.e.f. 8-5-2003).